Ferrer v. Hill

¶1On the court’s own motion, appeal taken as of right dismissed, without costs, upon the ground that the Appellate Division order granting a new trial, here brought up for review, did not “necessarily affect” the final order, as required by CPLR 5601 (subd [d]) (Cohen and Karger, Powers of the New York Court of Appeals, § 79, p 344). Motion for leave to appeal denied, with $20 costs and necessary reproduction disbursements.